The aims and Proposed plan of work - Essay Example

Proposed plan of work, including its relationship to previous work, with key references. Please avoid excessive use of technical terms, however if unavoidable provide a glossary of terms as indicated in section 4.5. (Please only use the space provided below – no more than 1,000 words and written for a non specialist audience. References may be attached on a separate sheet): To achieve the aims of this thesis, the researcher conducted an analysis of three relevant arbitration laws: the new Saudi Arbitration Law 2012; the former Saudi Arbitration Law 1983; and, the English Arbitration Act 1996 (attached).

The researcher is of the opinion that this will establish a clear framework by which the research questions can be addressed since these are the main legal sources of both Saudi and English arbitration jurisdictions. The structure of this study follows a logical approach, beginning with the legal basis of arbitration as represented in the arbitration agreement. It is followed by the discussion of the arbitral tribunal, which oversees the arbitral process, issues arbitral decision and decide on the arbitral award.

Finally, a section will be devoted to third and last stage in the process, which is the outcome of the arbitral process: the arbitral award and its enforcement. The supervisory team suggested to begin the study with the discussion and analysis of the Qualifications of Arbitrator. The reason for this is that the arbitrator qualifications constitute the fundamental framework that outlines the limitations of freedom for parties to arbitration in the selection of arbitral tribunal. Presently, the arbitration agreement is being analyzed and examined.

This will include the validity and scope of arbitration agreement, which is expected to shed light on the extent of freedom of parties to arbitration in terms of drafting an arbitration agreement to resolve either standing disputes between them or those that may arise in the future. The next section will concentrate on the extent of freedom of arbitration parties and the arbitral tribunal regarding the selection of procedural rules and substantive law under: 1) SAL 2012; 2) Sharia, as it is considered the applicable law in Saudi; and, 3) under the EAA 1996.

In addition, key issues will also be analyzed including the controversial application of the Sharia law such the concepts of Riba and the loss of future profits, in addition to the extent of differences in the viewpoints within Sharia in case one or both of arbitration parties are religiously neutral. The third section will be devoted to the discussion of the arbitral tribunal. This will undertaken by analyzing three important factors: duties, powers and jurisdictions of the arbitral tribunal.

Again, this will be carried out in the context of Sharia and SAL 2012, and in comparison with the EAA 1996 and the case laws in the UK. The final stage (PhD) will include the role of national courts and their impact on the success of the arbitral process. This will be divided into three sections. The first section will analytically and critically examine the role of national courts in the arbitral process in the commencement of and during the arbitral process under the two Saudi and English jurisdictions.

Second section will deal with the concept of arbitral award and